problem of Prevailing Wage in RIR

A

antonioa77

Registered Users (C)
I have a RIR pending case in BEC waiting for more than 1.5 yrs. my ETA form asks for MS +0 yr experience in civil engineering.whereas the minimum is bachelor. so I'm worried about the PW determination once BEC will come to my application. my wage is slightly above level 1 but far below level 2. i'm afraid because of the master degree, BEC will ask my employer to bump up my wage close to level 2 but my employer will not accept for sure. here is my question:

my lawyer says the company should pay me the PW once the BEC asks them about the PW because u r working in that position now. whereas a friend says,this PW is for future employment although u r working in that position currently so they have to pay u once u get the GC.

what is the accurate answer?the lawyer's one or the friend's?

is there any trick around this prevailing wage thing? please advice.
 
you shouldn worry more about MS+0 year.

it seems like that you started worked in this company right after you graduate. If that is the case, you are going to have to change your job so that your experience in your current job can be your future LCA application experience.The reason is that DOL will reject your case because there are thousands fresh graduated American students available.

antonioa77 said:
I have a RIR pending case in BEC waiting for more than 1.5 yrs. my ETA form asks for MS +0 yr experience in civil engineering.whereas the minimum is bachelor. so I'm worried about the PW determination once BEC will come to my application. my wage is slightly above level 1 but far below level 2. i'm afraid because of the master degree, BEC will ask my employer to bump up my wage close to level 2 but my employer will not accept for sure. here is my question:

my lawyer says the company should pay me the PW once the BEC asks them about the PW because u r working in that position now. whereas a friend says,this PW is for future employment although u r working in that position currently so they have to pay u once u get the GC.

what is the accurate answer?the lawyer's one or the friend's?

is there any trick around this prevailing wage thing? please advice.
Click to expand...
 
iampppqqq said:
it seems like that you started worked in this company right after you graduate. If that is the case, you are going to have to change your job so that your experience in your current job can be your future LCA application experience.The reason is that DOL will reject your case because there are thousands fresh graduated American students available.
Click to expand...

why u r saying that my application will be rejected? most of people graduate directly from university and apply for green card. i think ur judgement is too general.
 
Alternate wage survey

Have you talked with your attorney on that? I am thinking of that, would like to know your attorney's opinion on. Thanks.



antonioa77 said:
why u r saying that my application will be rejected? most of people graduate directly from university and apply for green card. i think ur judgement is too general.
Click to expand...
 
meg_z said:
Have you talked with your attorney on that? I am thinking of that, would like to know your attorney's opinion on. Thanks.
Click to expand...
is ther alternate wage survey accpetable BY DOL for RIR cases or just for PERM? pls advice
 
unitednations said:
see page 3, second last paragraph and show it to your lawyer.
http://uscis.gov/graphics/lawsregs/admindec3/b6/2004/apr2104_11b6203.pdf

where the confusion happens is that on the actual form eta 750a one of the certifications that the employer makes is that if you are employed by them then they are paying you at least the prevailing wage. However, the above decision quotes this and also quotes a DOL information circular which states that this certification is ineffective until greencard gets approved.

However, for ability to pay purposes for the 140, the company has to demonstrate that it could have paid you the prevailing wage from priority date, even though they are not required to pay it to you until greencard gets approved.
Click to expand...

so from what u r saying although I'm working currently in the advertised position for the Green card, if my PW is requested to be changed, the comapny can change it once i get the green card not once the lawyer has to reply to the BEC?

my comapny is a big company with more than 10000 employees and they work with billions of dollars. so do u think this will be an issue at I140 level?

in short, during the GC process ,should my employer pay me the high wage for me to qualify for EB-2 or they can promess to postpone it till i get the green card? this is the critical thing here
 
Your employer needs not to pay the prevailing wage till GC is approved

But in case of RFE from DOL, employer needs to attest that they are going to pay the prevailing wage.

You will need to amend form 750 and get attestation from employer.

antonioa77 said:
I have a RIR pending case in BEC waiting for more than 1.5 yrs. my ETA form asks for MS +0 yr experience in civil engineering.whereas the minimum is bachelor. so I'm worried about the PW determination once BEC will come to my application. my wage is slightly above level 1 but far below level 2. i'm afraid because of the master degree, BEC will ask my employer to bump up my wage close to level 2 but my employer will not accept for sure. here is my question:

my lawyer says the company should pay me the PW once the BEC asks them about the PW because u r working in that position now. whereas a friend says,this PW is for future employment although u r working in that position currently so they have to pay u once u get the GC.

what is the accurate answer?the lawyer's one or the friend's?

is there any trick around this prevailing wage thing? please advice.
Click to expand...
 
You must log in or register to reply here.
Top